Montana Code 15-6-134. Class four property — description — taxable percentage
15-6-134. Class four property — description — taxable percentage. (1) Class four property includes:
Terms Used In Montana Code 15-6-134
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Property: means real and personal property. See Montana Code 1-1-205
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
(a)subject to subsection (1)(e), all land, except that specifically included in another class;
(b)subject to subsection (1)(e):
(i)all improvements, including single-family residences, trailers, manufactured homes, or mobile homes used as a residence, except those specifically included in another class;
(ii)appurtenant improvements to the residences, including the parcels of land upon which the residences are located and any leasehold improvements;
(iii)vacant residential lots; and
(iv)rental multifamily dwelling units.
(c)all improvements on land that is eligible for valuation, assessment, and taxation as agricultural land under 15-7-202, including 1 acre of real property beneath improvements on land described in 15-6-133(1)(c). The 1 acre must be valued at market value.
(d)1 acre of real property beneath an improvement used as a residence on land eligible for valuation, assessment, and taxation as forest land under 15-6-143. The 1 acre must be valued at market value.
(e)all commercial and industrial property, as defined in 15-1-101, and including:
(i)all commercial and industrial property that is used or owned by an individual, a business, a trade, a corporation, a limited liability company, or a partnership and that is used primarily for the production of income;
(ii)all golf courses, including land and improvements actually and necessarily used for that purpose, that consist of at least nine holes and not less than 700 lineal yards;
(iii)commercial buildings and parcels of land upon which the buildings are situated; and
(iv)vacant commercial lots.
(2)If a property includes both residential and commercial uses, the property is classified and appraised as follows:
(a)the land use with the highest percentage of total value is the use that is assigned to the property; and
(b)the improvements are apportioned according to the use of the improvements.
(3)(a) Except as provided in 15-24-1402, 15-24-1501, 15-24-1502, and subsection (3)(b), class four residential property described in subsections (1)(a) through (1)(d) of this section is taxed at 1.35% of market value.
(b)The tax rate for the portion of the market value of a single-family residential dwelling in excess of $1.5 million is the residential property tax rate in subsection (3)(a) multiplied by 1.4.
(c)The tax rate for commercial property is the residential property tax rate in subsection (3)(a) multiplied by 1.4.
(4)Property described in subsection (1)(e)(ii) is taxed at one-half the tax rate established in subsection (3)(c).